Temporary Residence Permit in Slovakia: Rules, Purposes and Renewal

A temporary residence allows you immigrating and residing in a country longer than it is possible with a visa. Whereas the Schengen visa allows staying in the Slovak Republic and the Schengen Area not longer than 90 days within six months. A temporary residence enables its holder to reside in Slovakia continuously throughout the period of its validity, as well as reside freely in the Schengen countries for up to 90 days. Moreover, a visa is a ground for residing in the Schengen Area, but not for employment or business. Our company has extensive experience in obtaining a temporary residence in Slovakia for any purpose, as it has solved many controversial and difficult cases that have led to advanced study of not only the Slovak legal framework, but also the practical nuances during granting the status of temporary residence in Slovakia.

Temporary residence in Slovakia: what are the advantages

Getting a permit for temporary residence in Slovakia has the following advantages:

Unrestricted traveling within the countries of the Schengen Area and unlimited residence in Slovakia (Europe is a small, but very attractive part of the world for travelers);

Possibility of obtaining visas and submitting the documents for a residence permit in other countries directly in Slovakia with no need for going to the country of residence;

In contrast to many other countries, after getting a temporary residence there are no legal requirements to stay in the territory of Slovakia longer than 180 days per year,

The possibility of using social benefits for foreigners with temporary residence in Slovakia, established by legislation, such as child benefits (children's allowance) and retirement benefits (retirement allowance), or insurance paid by a state in specific cases,

If you hold a temporary residence, a tax residency of the country gives you a possibility to take advantage of the tax system of the Slovak Republic, such as tax-exempt dividends, etc.

The advantages of obtaining a temporary residence in Slovakia using a group of companies SlovakiaInvest:

We are the biggest company of immigration to Slovakia for Russian customers in Bratislava, occupying about a quarter of the Russian-speaking immigration market segment,

We have work experience with almost all departments of the Slovak Alien Police, and we know the distinctions in their approach and the additional requirements at the local level,

Positive getting and renewal of temporary residence using the service of our company; the number of rejections when getting the first temporary residence for the last four years: 2014: 0 rejections, 2013: 0 rejections, 0,: 2012: 0 rejections; 2011: 2 rejections (one of which, consequently, we have won in court); the number of rejections when renewing the residence permit: 2014: 0 rejections, 2013: 0 rejections, 2012: 0 rejections; 2011: 0 rejections.

We have experienced the recent changes of Aliens Act, where the police in partnership with our company put practical approaches of most its articles into action.

We have resolved controversial problems concerning temporary residence and dealt with non-standard situations, where many of our competitors washed their hands of this affair, but only in case if our client did everything under the law;

We work only with hard-working, honest and decent people who want to do something in Slovakia and are looking for their self-realization, but we refuse those who want to get a temporary residence for no particular reason.

Third-country national with a permanent residence permit (permanent residence) in another EU member state also can immigrate to Slovakia and obtain a temporary residence in Slovakia, and herewith has many preferences against other foreign persons in Slovakia.

Alien Police Department in Slovakia grants permission for a temporary residence based on a definite purpose. Consequently, the ground for a temporary residence in Slovakia can’t be, for example, ownership of the property or company registration in Slovakia, where the applicant for temporary residence will become an investor, i.e. the owner, not the CEO.

An application for temporary residence now can be submitted directly in Slovakia too. Previously (before 2012) this possibility could be taken only by foreigners, who didn’t need a visa to enter Slovakia. In this regard, if we prepare documents on temporary residence before coming to Slovakia, all could be done in time during three days, and you could apply for a temporary residence in Slovakia.

In this case, you save time as there is no need to book an appointments in the Slovak Embassy in order to submit documents for a temporary residence (waiting period: 1-8 weeks), and you do not lose time that is needed for sending the documents from the Embassy to the police (2-6 weeks).

We do not recommend you to apply for a temporary residence at the Slovak Consulate, as a diplomatic mission of the Slovak Republic, accepting applications for temporary residence, is obliged to interview the applicant according to the law, about which will prepare a written note, and it should be signed by an applicant. This interview lasts for more than one hour, what is more the diplomatic mission of the Slovak Republic is obliged to send to the police a decision with a note from the interview as well as an analysis of interview with its opinion of the foreigner and suggestion whether a temporary residence should be granted or not. There is no need for interview in case of an application for a residence permit in Slovakia directly at the Alien Police Department, and if the police have any questions, it contacts our company as an authorized representative, and eventually our experts answer their questions. It is worth noting that when receiving an application for a residence permit in Slovakia, the employees of Slovak Consulates sometimes require documents that are not necessary to collect for years. This is due to the fact that they do not follow the changes in immigration law and foreigners who apply for a residence permit at the Consulate by themselves don’t know the immigration law well or are afraid to tell the consular employees that these documents are not necessary.

All documents must not be older than 90 days at the time of submitting the application at the police. The term for application processing starts at the time when police get all documents, but not when the application is submitted. As stated above, this is one of the reasons why it is better to apply for a residence permit directly in Slovakia, but not at the Consulate.

The decision on a temporary residence in Slovakia is issued within 90 days, without some exceptions. Alien Police Department has the right to extend or suspend the term of application processing for getting and extending temporary residence for no more than 30 days and to suspend for 90 days and, in some cases, even for an indefinite period until this intermediate question will be decided. Alien Police Department suspends the application processing for an indefinite period very seldom.

In case of renewal of temporary residence in Slovakia, as well as changes in the purpose of temporary residence, the previous temporary residence permit is considered legal in the territory of Slovakia prior to the effective date of the final decision on a new temporary residence even if the validity period of an old document (card) has expired. The conditions for renewal of a temporary residence for each specific purpose are presented below.

Please be reminded:

Within 30 days from collecting the residence document (temporary residence card), a foreign citizen must submit at the Alien Police a document on his health insurance in Slovakia, as well as a medical report, that is issued after a medical inspection by several health care centers in Slovakia. In Bratislava such medical inspection for the citizens living in the European part, costs EUR 193 for adults and EUR 90 for children younger than 3 years. For citizens living in the Asian part the prices are a little higher. Citizens of third countries are obliged to subscribe a health insurance within three days after getting the residence document in Slovakia.

In order to avoid any possible problems related to legal ignorance, we advise you, just in case, to download full list of obligations for third-country nationals in Slovakia.

Here is more information about particular purposes of getting a temporary residence in the territory of the Slovak Republic:

Temporary residence for the purpose of business activities in Slovakia is a basic type of immigration to Slovakia and a main form of business immigration to Slovakia. Temporary residence for the purpose of business activities can be obtained by a foreign citizen who does /will do business as an entrepreneur or acts/will act on behalf of a trade company or cooperative, but he hasn't, or will not have an employment relationship with the trade company or the cooperative. Therefore, residence permit for the purpose of business activities is obtained in most cases by an entrepreneur or a General Director of LLC. It is important to note that residence permit for the purpose of business activities cannot be obtained by LLC member (founder), i.e. owner, but by a General Director only, as a person acting on behalf of the firm.

A required document for submitting an application for a temporary residence in Slovakia for the purpose of business, except for certain exceptions, is a business plan. This business plan complies with clear legal requirements and becomes a fundamental document in the application for a temporary residence for the purpose of business.

Alien Police Department when processing the application for temporary residence for the purpose of business in Slovakia is obliged to ask the Ministry of Economy (MoE) of the Slovak Republic its opinion whether the business of the applicant's will be useful for the economic needs of the Slovak Republic or not. The Ministry gives an answer in accordance with the list of priority areas that we have on hand.

A foreigner, who wants to get a temporary residence for the purpose of business, is also obliged to collect a document proving financial coverage of business activity, which is account balance confirmation.

In case of renewal of temporary residence in Slovakia, entrepreneur - CEO must prove settlement of his financial commitments and net profit for the previous taxation period, besides such disposable income should amount not less than 60-times the monthly life minimum. If the applicant is not engaged in business activity during all previous taxation period, its income should amount not less than 5-times the monthly life minimum for each month of the residence permit during the previous taxation period. The income of sole trader should amount not less than 20-times the monthly life minimum. According to these indicators may seem that a residence permit in Slovakia for private entrepreneurs is "cheaper" than for CEOs, but taking into account all the negative facts associated with private entrepreneur’s business operating and liability to pay monthly payments, a residence permit for the purpose of business for CEOs is usually more profitable than for private entrepreneurs, especially when there are several directors in the company.

The maximum duration of a first temporary residence in the territory of Slovakia for the purpose of business is 3 years, however, Alien Police almost always grant it for a period of one and a half year. A temporary residence can be extended for a maximum of three years, and when profit for the previous taxation period covers three years, police really extend the residence permit in Slovakia for a maximum period.

A foreigner who was granted a temporary residence for the purpose of business may also study in Slovakia.

In January 2014 the process of getting a temporary residence for the purpose of employment has changed. There are 3 ways to obtain it:

Based on the confirmation of the possibility of filling a vacancy by a foreigner;

On the basis of a work permit

Without confirmation of the possibility of filling a vacancy by a foreigner and without work permit, if under the law it is not required any confirmation or work permit in Slovakia.

The first possibility, based on the confirmation of the possibility of filling a vacancy applies to all foreigners without a valid temporary residence in Slovakia. You can get this confirmation during 30 working days (i.e. about 6 calendar weeks) and you should apply for a residence permit only after it is received. The second possibility, based on a work permit applies to the foreigners, who already have a valid temporary residence in Slovakia for another purpose, typically, a family reunion. The term for preparing the documents and receipt of a work permit is 30 days.

The following third country citizens have the right to work without a work permit and without confirmation of the possibility of filling a vacancy by a foreigner in Slovakia:

With permanent residence both in another EU member state and in Slovakia after the expiry of 12 months of the residence permit in Slovakia;

With a temporary residence for the purpose of family reunion after the expiry of 12 months of the residence permit,

With a temporary residence for the purpose of family reunion with a foreigner who holds EU Blue Card,

With a temporary residence on the basis of the status of a Slovak Living Abroad

Who is a graduate of Slovak secondary school or Slovak university.

Temporary residence for the purpose of employment in Slovakia is issued for up to two years.

The application must be submitted together with an employment contract or employer's written notification of employment in Slovakia. Consequently, the residence permit for the purpose of employment can’t be obtained without an employer. The law does not give the opportunity to get residence permit for the purpose of employment at first, and only then look for an employer.

A foreigner who was granted a temporary residence for the purpose of employment in Slovakia may also study in Slovakia.

Temporary residence for the purpose of study in Slovakia can be received by a foreigner, who is a pupil or student of an educational institution in Slovakia. Such institution can be a high school, college or even pre-study language courses.

The decision on the temporary residence for the purpose of study is issued by the Alien Police within 30 days, and can be received for a period of 6 years, that is why the residence permit for the purpose of study in Slovakia is very interesting and competitive option for students from third countries. Residence permit for the purpose of study is also the fastest way to move to Slovakia and obtain a temporary residence. However, a foreigner with a temporary residence for the purpose of study shall engage in study and attend courses or lectures.

A foreigner who was granted a temporary residence for the purpose of study in Slovakia is allowed to do business, i.e. become General Director of LLC or register a private enterprise. He also can work without the need to obtain a work permit up to 10 hours per week or the equivalent number of hours in a year.

Our company has great experience in the preparation of documents of a temporary residence for the purpose of study in Slovakia. Our clients have obtained a temporary residence for the purpose of study as university students, as well as with the aim of Slovak language courses learning. After obtaining a temporary residence in Slovakia, you or your children can study at university of European standard and receive a diploma, valid in the EU and without doubt is recognized, for example, in the Czech Republic or Germany. In contrast to, for example, the Czech Republic, the Slovak Alien Police Department does not prohibit students to obtain a temporary residence for the purpose of study, and there are no incidents that you will pay for education and won’t obtain a residence permit. In the Czech Republic such practice in recent years is very common, while all our students get a temporary residence in Slovakia without any obstacles. More detailed information about the Slovak universities, as well as Slovak language courses can be obtained from our website.

Temporary residence in Slovakia for the purpose of family reunion is the safest way to get a temporary residence in Slovakia. Slovak Alien Police, in principle, don’t have an opportunity to refuse, because such rejection would be a violation of The Convention for the Protection of Human Rights and Fundamental Freedom dated 4 November 1950, particularly article 8.

Temporary residence for the purpose of family reunion can be obtained by a foreigner, who:

Is married to a foreigner with a temporary or permanent residence in the territory of Slovakia, if married couple is at least 18 years old;

Is an unmarried child under the age of 18 of the foreigners with temporary residence or foreigner with temporary residence or his/her spouse, or an asylum seeker as well as spouse of an asylum seeker, who has a child under his/her care according to the law or decision of competent body;

Is a dependent child under the age of 18,

Is a dependent child of a foreigner who has a temporary residence or his/her spouse and, at the age of 18 to 25 years, if the child cannot take care of him/herself due to long term unfavourable health condition;

Is a direct relative of an asylum seeker in the ascending line younger than 18 years of age;

A foreigner with a temporary residence for the purpose of family reunion may immediately after its obtaining study and carry on business, except for a few and rare exceptions. It is allowed to work only with a work permit within the first year, and after the expiry of 12 months of the temporary residence you have the right to work without the work permit and any additional restrictions.

The maximum duration of the first temporary residence for the purpose of family reunion as well as its renewal in the territory of Slovakia is 5 years. In practice, the police grant the residence permit until the end of residence permit validity of a person, with whom the application was submitted.

The Blue Card was implemented in EU legislation in 2011 to attract a large number of high-skilled immigrants from third countries and to facilitate their life and work in the EU. The Blue Card is the only form of immigration, which gives a possibility to change the country of residence within the frame of one stay permit, and the period of residence in another EU member state is counted towards the period of residence in Slovakia. This means that, for example, the foreigner with temporary residence who has lived in Slovakia for 5 years is entitled to apply for permanent residence in Slovakia. However, a foreigner who holds the Blue card has the right to apply for permanent residence in the territory of Slovakia after expiration of five years with a temporary residence permit in any EU country, besides it is enough to hold Slovak Blue Card for two years.

If a foreigner with a temporary residence for the purpose of employment in the territory of Slovakia loses his job, the police will deprive him of a temporary residence. But when he holds a Blue Card, he is given a three-month period to find a new employer. A Blue Card holder is entitled to change an employer during the validity of the card, however, a new employer may be not only Slovak, but also a person from another EU member state. But there are certain limitations. For example, in order to change the employer in another country you must be a holder of a Blue Card in Slovakia for at least 18 months. A foreigner who has been granted a Blue Card in another EU country, can change his employer to Slovak and get a new card in Slovakia. Nevertheless, according to the law there is a restriction that for the entire period of the Blue Card validity you can be unemployed only once. The advantage is that the family members of a foreigner who holds a Blue Card have the right to work without any restrictions, as well as without a work permit.

Blue card in Slovakia is issued by Alien Police Department for maximum of three years, and can be extended for three years.

According to EU directive the Blue Card focuses on highly qualified third-country nationals for the purpose of highly qualified employment in the EU. Highly qualified work considers the work that requires high professional qualifications, certified by a diploma of higher education or, as an exceptional case, confirmed by at least five years of professional experience at a level comparable with a diploma of higher education. The agreed salary should be at least 1.5 times the average monthly wage in the region of Slovakia, where a foreigner will work and on the position that he will held.

The decision on the temporary residence for the purpose of EU Blue Card is issued by Slovak Alien Police Department within 30 days.

Despite its advantages, the Blue Card is not very popular in Slovakia. In 2012-2013, 12 applications had been submitted, 9 of which were successful, and 3 of these applicants were the clients of our company.

Temporary residence for the purpose of performing professional duties by civilian units of the armed forces in Slovakia can be granted for a foreign citizen, who is a member of civilian units of the state that has forwarded these units.

The maximum duration of the first temporary residence for the purpose of performing professional duties by civilian units of the armed forces is 5 years, and maximum period of its extension is 3 years.

A foreigner with a temporary residence for this purpose during his/her residence may also study in Slovakia.

Temporary residence for the purpose of special activity can be obtained by a foreigner, who is not an entrepreneur with the aim of:

Lecturing

Artistic activity

Sports activity

Internship as a part of study

Activities arising from government programs of the Slovak Republic or the European Union programs

Fulfillment of the Slovak Republic obligations under an international agreement

Medical treatment, besides if necessary, a residence permit for this purpose can be obtained by a foreign person accompanying the patient

Volunteering

Activities of a journalist accredited in the Slovak Republic

A foreigner with a temporary residence in Slovakia for the purpose of special activity also has the possibility during his/her residence to study in Slovakia. The first temporary residence can be obtained for the period of two years and extended for three years.

This temporary residence in Slovakia is issued relatively rare. The most attractive purposes of special activity are lecturing or volunteering, as well as medical treatment. Our clients have received a temporary residence also as journalists and athletes.

Earlier this type of temporary residence in Slovakia was a part of the temporary residence for the purpose of special activity. An internship agreement is the fundamental document.

The term for application processing is only 30 days. A foreigner with a temporary residence in Slovakia for this purpose has the right to study and do business. The first temporary residence can be obtained for the period of two years and extended for three years.

Certificate of Slovak living abroad (sample):

A third-country national holding a Certificate of a Slovak Living Abroad also enjoys the right to immigrate to Slovakia by obtaining a temporary residence. This Certificate is a fundamental document for obtaining a temporary residence. The Certificate is issued in the country of citizenship by filing the documents at the Embassy or in the Office for the Slovaks living abroad in Slovakia providing that there are documents confirming:

Slovak nationality or having direct relatives up to the third generation (grandparents, great-grandparents). Such documents could be a birth certificate, marriage certificate, a document of citizenship, etc.

National identity (national awareness and cultural identity), active demonstrations of being part of the Slovak nation and its national values, proficiency and diffusion of the Slovak language, national cultural heritage and traditions. Such confirmation could be certificates and notifications of the results of these public activities, the notifications of other foreign Slovaks, etc.

The maximum duration of the first temporary residence based on the status of a Slovak living abroad is 5 years and can be extended for five years. But the third-country national holding a Certificate of a Slovak living abroad has the right to apply for citizenship 3 years after obtaining a temporary residence. A foreigner with a temporary residence in Slovakia based on the status of a Slovak living abroad is entitled to study, work and do business in Slovakia.